The construction industry is fraught with danger. Despite many workplace
safety guidelines and numerous precautions, laborers still fall victim
to needless injury while at the work site. Just in the Mid-Hudson Valley
region alone, many laborers are injured in Kingston
construction accidents. Many of these injuries are caused by falls from scaffolding. Worker’s
compensation regulations are the primary way in which injured employees
There are, however, New York laws designed to provided additional protections
to laborers who are hurt when working on ladders, scaffolds, and various
other temporary suspension devices. These laws can become very complex
and require an experienced Kingston construction accident attorney to
evaluate the facts and argue the correct law with those facts.
New York Labor Law Section 240 controls workplace scaffolding uses and is known as the “scaffolding
law.” This law will allow injured laborers to seek compensation
from parties who may be responsible for causing the injury notwithstanding
worker’s compensation laws. Whether a contractor, property owner,
or an agent thereof, engages in construction involving scaffolds, pulleys,
braces, hoists, or other similar devices, the law requires that workers
are protected from preventable falls with safety devices.
What this means for you is that you may commence a civil suit against the
contractor or owner when your injury was caused by improper workplace
safety problems. Moreover, the owner and/or contractor may be strictly
liable for your injuries. Meaning, proving negligence might not be required
but they are automatically liable just by the happening of your injury.
Proving a statutory violation may not even necessary. Just by virtue of
being injured when falling off of a scaffold, you may be entitled to recovery
from the responsible parties. Note that even if the worker contributed
to the accident, scaffolding laws may permit the injured person to recover.
Remember, you are not the first person to have been injured from such a
fall. There are many Kingston construction accidents caused by scaffolding
mishaps each year. These very laws are designed to protect you from senseless
harm and had the laws been followed by the contractor, you might not have
In addition to owners, contractors, and agents who may responsible to compensate
you, construction equipment manufacturers could be liable as well. If
the manufacturer failed to design a scaffold properly, or manufacture
a scaffold correctly, or if the manufacturer failed to adequately warn
you of the danger associated with such use, that party may be held liable
for your injury. Other ‘third parties’ such as engineers,
architects, or co-workers may also be held liable.
Given the gravity of injuries sustained when falling from scaffolds, and
the complexity of law, as well as complex third-party litigation, you
need the help of an experienced Kingston construction accident attorney
on your side. If you or a loved one has suffered from a workplace accident,
please contact our attorneys right away.
Our construction accident attorneys at Mainetti, Mainetti, and O’Connor,
P.C. have over 100 years of combined experience working with victims of
personal injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston,
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here.
If you or a loved one has been injured in a personal injury accident, please
do not hesitate to contact us by calling 845-340-HURT (4878) or toll free
at 866-440-4452, or by using the
convenient contact form here.